What was the outcome of Tenancy Tribunal case 5510313?

The tribunal order states: The tenancy of Elaine Ioapo at Unit/Flat Unit 103, 529 Massey Road, Mangere,

How much money was awarded in case 5510313?

Rent Arrears: $1,131.43 awarded to landlord

What type of tenancy dispute was case 5510313?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5510313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13745074-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5510313?

The tribunal order states: The tenancy of Elaine Ioapo at Unit/Flat Unit 103, 529 Massey Road, Mangere,

How much money was awarded in case 5510313?

Rent Arrears: $1,131.43 awarded to landlord

What type of tenancy dispute was case 5510313?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5510313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13745074-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 103, 529 Massey Road, Mangere, Auckland Tenancy Tribunal Case 5510313 — Rent arrears

Claims and awards in Tenancy Tribunal application 5510313 — net $1,131.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 05/06/2026	$1,131.43	Rent arrears (to 05/06/2026
Net award	$1,131.43
Total payable by Tenant to Landlord	$1,131.43

Order

The tenancy of Elaine Ioapo at Unit/Flat Unit 103, 529 Massey Road, Mangere, Auckland 2022 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, effective 5 June 2026.
Elaine Ioapo must pay Kāinga Ora–Homes And Communities $1,131.43 immediately, calculated as shown in the table below:

Reasons

The hearing was held by video conference on 9 June 2026. The landlord attended. The tenant did not attend.
The Tribunal attempted to contact the tenant on the contact details provided but was unable to do so. I was satisfied that adequate service of the hearing notice had been completed and considered it appropriate to proceed with the hearing in the tenant’s absence.
The landlord, Kāinga Ora, applied for termination of the tenancy on the basis of abandonment under section 61 of the Residential Tenancies Act 1986 (the Act), possession of the premises, rent arrears, and refund of the bond.
The tenancy commenced on 20 June 2024. At the time the application was filed, the tenant was in rent arrears and the landlord had serious concerns that the premises had been abandoned.

Should the tenancy be terminated?

Section 61 of the Act provides that the Tribunal may terminate a tenancy where it is satisfied that the tenant has abandoned the premises and rent is owing at the date of the hearing.
A tenancy is abandoned where a tenant leaves the premises without reasonable excuse, without notifying the landlord, with no intention of returning to occupy the premises or continue meeting their obligations under the tenancy.
Whether abandonment has occurred is determined objectively from all the surrounding circumstances. The Tribunal must consider the available evidence and determine, on the balance of probabilities, whether the tenant has ceased occupation and relinquished the tenancy.
The evidence establishes that the landlord had not heard from the tenant since February 2026. The tenant contacted the landlord’s call centre on 1 February 2026 advising that she intended to discuss urgent travel to Samoa due to her mother’s hospitalisation. However, she did not attend the proposed meeting, and no further meaningful contact was received.
From 18 March 2026 onwards the landlord undertook extensive efforts to contact the tenant. These included letters, emails, telephone calls, text messages, office appointments, repeated visits to the premises, enquiries through Ministry of Social Development, attempts to contact the emergency contact, and discussions with neighbours.
Those efforts were unsuccessful. The telephone number on file diverted directly to voicemail, the email address was invalid, the tenant did not attend arranged meetings, and no response was received to written correspondence.
On 7 April 2026 the landlord issued a notice requiring the tenant to remedy the apparent non-occupation of the premises and re-establish contact. The notice expired on 23 April 2026. No response was received, and the breach was not remedied.
On 8 May 2026 the landlord conducted an inspection of the premises after giving the required notice. The inspection revealed compelling evidence consistent with abandonment. Letters previously placed under the door remained untouched. The premises had no electricity connected. Only minimal belongings remained, namely two bed frames and a couch. There was no indication that anyone was actively residing at the property. A strong dog odour was detected but no animal was present. The sliding door was partially open.
The landlord subsequently conducted further visits on 26 May 2026, 4 June 2026 and 8 June 2026. On each occasion nobody answered the door. Calling cards left by the landlord remained untouched.
The landlord also obtained information from neighbouring residents who advised they had not seen the tenant for an extended period and had not observed anybody entering or leaving the premises.
Taking all of the evidence together, I am satisfied on the balance of probabilities that the tenant had ceased occupying the premises well before the application was filed, had failed to maintain communication with the landlord, had left the premises substantially vacant, and had no present intention of returning to occupy the tenancy.
I accept the landlord’s submission that the clearest evidence of abandonment emerged during the inspection undertaken on 8 May 2026. That is the date on which the landlord became aware, or ought reasonably to have become aware, that the premises had been abandoned for the purposes of section 61 of the Act.
I am also satisfied that rent was in arrears at the hearing date.
Because the premises have been abandoned and rent was owing at the hearing, the requirements of section 61 of the Act are met.
The tenancy is therefore terminated, and possession of the premises is granted to the landlord.

How much does the tenant owe?

When a tenancy is terminated for abandonment, a landlord may recover rent up to the date the landlord becomes aware, or ought reasonably to have become aware, of the abandonment together with any rent in lieu of notice permitted under the Act.
The landlord provided tenancy records establishing that rent arrears remained outstanding. The landlord calculated the arrears to include rent owing up to 5 June 2026, being the period allowed following the abandonment identified on 8 May 2026.
I am satisfied the landlord’s calculation is supported by the tenancy records and reflects rent lawfully recoverable following abandonment.
As at 5 June 2026, the total rent arrears owing were $1,182.85.
The tenant is therefore liable to pay the landlord rent arrears of $1,182.85.

Claims and awards in Tenancy Tribunal application 5510313 — net $1,131.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 05/06/2026	$1,131.43	Rent arrears (to 05/06/2026
Net award	$1,131.43
Total payable by Tenant to Landlord	$1,131.43

Order

The tenancy of Elaine Ioapo at Unit/Flat Unit 103, 529 Massey Road, Mangere, Auckland 2022 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, effective 5 June 2026.
Elaine Ioapo must pay Kāinga Ora–Homes And Communities $1,131.43 immediately, calculated as shown in the table below:

Reasons

The hearing was held by video conference on 9 June 2026. The landlord attended. The tenant did not attend.
The Tribunal attempted to contact the tenant on the contact details provided but was unable to do so. I was satisfied that adequate service of the hearing notice had been completed and considered it appropriate to proceed with the hearing in the tenant’s absence.
The landlord, Kāinga Ora, applied for termination of the tenancy on the basis of abandonment under section 61 of the Residential Tenancies Act 1986 (the Act), possession of the premises, rent arrears, and refund of the bond.
The tenancy commenced on 20 June 2024. At the time the application was filed, the tenant was in rent arrears and the landlord had serious concerns that the premises had been abandoned.

Should the tenancy be terminated?

Section 61 of the Act provides that the Tribunal may terminate a tenancy where it is satisfied that the tenant has abandoned the premises and rent is owing at the date of the hearing.
A tenancy is abandoned where a tenant leaves the premises without reasonable excuse, without notifying the landlord, with no intention of returning to occupy the premises or continue meeting their obligations under the tenancy.
Whether abandonment has occurred is determined objectively from all the surrounding circumstances. The Tribunal must consider the available evidence and determine, on the balance of probabilities, whether the tenant has ceased occupation and relinquished the tenancy.
The evidence establishes that the landlord had not heard from the tenant since February 2026. The tenant contacted the landlord’s call centre on 1 February 2026 advising that she intended to discuss urgent travel to Samoa due to her mother’s hospitalisation. However, she did not attend the proposed meeting, and no further meaningful contact was received.
From 18 March 2026 onwards the landlord undertook extensive efforts to contact the tenant. These included letters, emails, telephone calls, text messages, office appointments, repeated visits to the premises, enquiries through Ministry of Social Development, attempts to contact the emergency contact, and discussions with neighbours.
Those efforts were unsuccessful. The telephone number on file diverted directly to voicemail, the email address was invalid, the tenant did not attend arranged meetings, and no response was received to written correspondence.
On 7 April 2026 the landlord issued a notice requiring the tenant to remedy the apparent non-occupation of the premises and re-establish contact. The notice expired on 23 April 2026. No response was received, and the breach was not remedied.
On 8 May 2026 the landlord conducted an inspection of the premises after giving the required notice. The inspection revealed compelling evidence consistent with abandonment. Letters previously placed under the door remained untouched. The premises had no electricity connected. Only minimal belongings remained, namely two bed frames and a couch. There was no indication that anyone was actively residing at the property. A strong dog odour was detected but no animal was present. The sliding door was partially open.
The landlord subsequently conducted further visits on 26 May 2026, 4 June 2026 and 8 June 2026. On each occasion nobody answered the door. Calling cards left by the landlord remained untouched.
The landlord also obtained information from neighbouring residents who advised they had not seen the tenant for an extended period and had not observed anybody entering or leaving the premises.
Taking all of the evidence together, I am satisfied on the balance of probabilities that the tenant had ceased occupying the premises well before the application was filed, had failed to maintain communication with the landlord, had left the premises substantially vacant, and had no present intention of returning to occupy the tenancy.
I accept the landlord’s submission that the clearest evidence of abandonment emerged during the inspection undertaken on 8 May 2026. That is the date on which the landlord became aware, or ought reasonably to have become aware, that the premises had been abandoned for the purposes of section 61 of the Act.
I am also satisfied that rent was in arrears at the hearing date.
Because the premises have been abandoned and rent was owing at the hearing, the requirements of section 61 of the Act are met.
The tenancy is therefore terminated, and possession of the premises is granted to the landlord.

How much does the tenant owe?

When a tenancy is terminated for abandonment, a landlord may recover rent up to the date the landlord becomes aware, or ought reasonably to have become aware, of the abandonment together with any rent in lieu of notice permitted under the Act.
The landlord provided tenancy records establishing that rent arrears remained outstanding. The landlord calculated the arrears to include rent owing up to 5 June 2026, being the period allowed following the abandonment identified on 8 May 2026.
I am satisfied the landlord’s calculation is supported by the tenancy records and reflects rent lawfully recoverable following abandonment.
As at 5 June 2026, the total rent arrears owing were $1,182.85.
The tenant is therefore liable to pay the landlord rent arrears of $1,182.85.

Tenancy Tribunal case 5510313 — Rent arrears at Unit/Flat Unit 103, 529 Massey Road, Mangere, Auckland

At a glance

Tenancy Tribunal case 5510313 — Rent arrears at Unit/Flat Unit 103, 529 Massey Road, Mangere, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions